Harjeet Singh vs. The State NCT of Delhi & Ors.
Background
A labourer, Dalip Kumar, fell to his death from the third floor of a house in Inderpuri while doing whitewash contract work for the petitioner. Police registered an FIR against the petitioner-contractor for not taking adequate safety precautions (Sections 288/304A IPC). The petitioner reached a settlement with the deceased's mother, paying Rs 2 lakh initially, and later, after the Court asked for a status report on his finances, agreeing to pay a further Rs 8 lakh.
Decision Breakdown
The deceased's mother and her brother appeared before the Court, confirmed receipt of the settlement (including a cheque for the additional Rs 8 lakh handed over in court), and said they had no objection to quashing the FIR. The investigating officer identified them. The Court held that continuing the criminal case would serve no useful purpose once the dispute was genuinely and voluntarily settled, and quashed the FIR under its inherent powers (Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023), subject to proof of the settlement and cheque clearance being filed before the trial court.
Lesson Learnt
Even a criminal case arising from a workplace death can be quashed by the High Court where the family of the deceased has genuinely and voluntarily settled with the accused and no longer wishes to pursue the prosecution.